REINER v. TOWNLEY & UPDIKE


243 A.D.2d 338 (1997)

663 N.Y.S.2d 168

John P. Reiner et al., Appellants, v. Townley & Updike et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 21, 1997


The clause in issue is not anticompetitive in providing that a withdrawing partner is entitled to 10% of the amount that would be due a deceased or retiring partner, since it does so without reference to whether or not the withdrawing partner does work for partnership's former clients or otherwise competes with the partnership (see, Hackett v Milbank, Tweed, Hadley & McCloy, 86 N.Y.2d 146, 156; Levy v Baumeister

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